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House votes to repeal stand-your-ground law

Deadly force would no longer be a viable first option for people defending themselves or others in a public place if they could safely retreat from the threat, under a bill approved Wednesday by the New Hampshire House.

The bill would repeal part of New Hampshire's stand-your-ground law that Republicans pushed through two years ago -- over a governor's veto and objections by law enforcement professionals. Current law allows people to use deadly force to defend themselves any place they have a right to be without having a duty to retreat.

The bill returns the law to one based on the Castle Doctrine, which says a person does not have to retreat from intruders at home before using deadly force, but must consider it in public. The law passed in 2011 expanded that principle to public places.

The House voted 189-184 Wednesday to send the bill revising the law to the Senate.

The attorney general's office supports the old law, which it argues balanced the rights of people to defend themselves with protections for the sanctity of life.

Bill opponents argued the change would hurt honest residents defending themselves and others against criminals. They said police often show up at a crime scene to investigate the aftermath, which is too late to protect people. They said requiring someone to retreat is tantamount to telling victims they can't defend themselves since they would have seconds to decide whose rights take precedence.

"If I have to take a few seconds to think about an escape, it is too late," said state Rep. Lenette Peterson, R-Merrimack.

"I'm too old to run anymore, and I shouldn't have to," added state Rep. Jane Cormier, R-Alton. Cormier said the change "empowers nobody but criminals."

But bill supporters argued the proposed change would not stop anyone from using deadly force. They said it would only require them to first decide if they could escape with absolute safety.

State Rep. Phil Ginsburg, D-Durham, said people should react with concern and consideration.

"What kind of society do we want to be?" he said.

"This is about us employing reason rather than passion," said state Rep. Steve Vaillancourt, R-Manchester. "Are we a safer society in which every man and woman can shoot first in a crowded street?"

The House rejected amendments that would have made the state financially responsible for people's injuries if they were hurt in a violent conflict and responsible for attorneys' fees if they were prosecuted for not retreating but later exonerated.

State Rep. Dan Itse, the proposals' sponsor, argued it's only fair since the bill would put residents at risk of costly medical and lawyers' bills.

But state Rep. Gary Richardson, D-Hopkinton, said the person pulling the trigger should bear responsibility for the medical bills, not the state. Richardson also said making the state responsible for attorneys' fees would make the state responsible for the conduct of someone who could safely retreat but chose not to do so.

The proposal would not repeal a provision that grants civil immunity for using force against assailants under some circumstances or a provision that says brandishing a weapon isn't considered deadly force under the law.

The brandishing provision was inspired by Moultonborough farmer Ward Bird's incarceration on a mandatory minimum three-year sentence for showing a gun when a trespasser refused to leave his property. Bird was jailed for several months before the Executive Council took the rare step of commuting his sentence.

Laws in at least 20 states say there is no duty to retreat from an attacker in any place the person has a legal right to be, according to the National Conference of State Legislatures.

Several states besides New Hampshire are revisiting their self-defense laws since the Florida case in which George Zimmerman was charged in the shooting death of 17-year-old Trayvon Martin. Zimmerman argues the shooting was self-defense.

Copyright 2013 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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